BYRD v. STATE

No. SC03-284.

880 So.2d 616 (2004)

Lawanda BYRD, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

July 8, 2004.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, P. Douglas Brinkmeyer, Assistant Public Defender, and Edward L. Harvey, Assistant Public Defender, Second Judicial Circuit, Tallahassee, FL, for Petitioner.

Charles J. Crist, Jr., Attorney General, Robert Wheeler, Bureau Chief and Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, FL, for Respondent.


PER CURIAM.

We originally accepted jurisdiction to review Byrd v. State, 834 So.2d 872 (Fla. 1st DCA 2002), pursuant to article V, section 3(b)(1) and 3(b)(3) of the Florida Constitution, on the ground that the district court's decision declared invalid a state statute and construed a provision of the state constitution. What we did not recognize at the time, and what neither party brought to our attention, was that the opinion...

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